Court of Appeal upholds Assessment Review Board’s decision on assessment of certain condominium rental properties

18. October 2022 0
Administrative law – Decisions reviewed – Assessment Review Board – Equity – Judicial review – Standard of review – Reasonableness – Condominiums University of Alberta v. Edmonton (City), [2022] A.J. No. 1089, 2022 ABCA 290, Alberta Court of Appeal, September 13, 2022, T.W. Wakeling, J. Antonio and L.B. Ho JJ.A. The petitioner is an owner ...

Court of Appeal allows an appeal on the basis that the underlying judgment effectively reviewed a decision of an assessment board by applying a correctness standard

18. February 2020 0
Administrative law – Decisions reviewed – Assessment Review Board – Expert evidence – Judicial review – Appeals – Standard of review – Correctness – Municipalities – Tax Wheatland County v. Federated Co-Operatives Limited, [2019] A.J. No. 1768, 2019 ABCA 513, Alberta Court of Appeal, December 23, 2019, F.F. Slatter, M.G. Crighton and R. Khullar JJ.A. The ...

Supreme Court of Canada clarifies that a statutory right of appeal is not a new category of correctness

20. December 2016 0
The Supreme Court of Canada confirmed that decisions of a tribunal which are subject to a statutory right of appeal are not a new category of correctness, and should not be added to the list of correctness categories enumerated in Dunsmuir. Administrative law – Assessment Review Board – Compliance with legislation – Correctness – Decisions of ...

Alberta Court of Appeal did not have jurisdiction to hear appeal from chambers judge’s decision to deny leave under the Municipal Government Act

The Alberta Court of Appeal held that, pursuant to the Municipal Government Act, RSA 2000, c.M-26 (the “MGA”), it did not have jurisdiction to hear an appeal of the Alberta Court of Queen’s Bench’s decision to refuse leave to appeal. Administrative law – Appeal Process – Appeals – Assessment Review Board – Decisions of administrative ...

The Ontario Court of Appeal held that the Divisional Court erred in its decision ordering the appellant to hold a meeting to consider the respondent’s application as the respondent had not yet exhausted all adequate and available remedies

Administrative law – Decisions of administrative tribunals – Assessment Review Board – Municipalities – Property assessment – Errors – Remedies – Alternative remedies – Mandamus – Judicial review – Compliance with legislation Toth Equity Ltd. v. Ottawa (City), [2011] O.J. No. 2128, 2011 ONCA 372, Ontario Court of Appeal, May 12, 2011, R.J. Sharpe, E.E. ...